Terms and Conditions
Company: Guesthoo, registered at The Old Methodist Chapel, Gorran Highlanes, Cornwall, PL26 6LR, UK.
|Service Type||Fully Managed|
|Fees||The sum equivalent to [10 %] of the net rent paid by each Guest plus costs of Cleaning and Laundry (Normally covered by the Guest within the Service charges of the Airbnb booking platform).|
|Cleaning & Laundry Charges||Includes the cleaning of the property and provision of fresh linen and towels. Estimated charges are: 1 bedroom £35, 2 bedroom £50, £15 per additional bedroom & needs agreement for larger sized properties. (Charges only estimates, will vary with property size).|
|Services included||Listing management and Search engine optimisation (SEO), with ongoing optimisation.|
|Pricing management and optimisation.|
|Guest communication .|
|Booking and calendar management.|
|Collecting payment from the Guest|
|Coordinating Guest check-in & check-out.|
|Coordination of Cleaning and Laundry services.|
|Replenishing essentials (toilet paper, toiletry sets). Costs covered by client and charged at cost price, all receipts kept in records.|
|24/7 emergency support service for guests.|
|Minimum term||No minimum term.|
|Services included||Troubleshoot report.|
|Pricing management and optimisation.|
|Keyword research and SEO.|
|Minimum term||1 month.|
IT IS AGREED as follows:By ticking this box an AGREEMENT has been made between the Company and the Client subject to the following terms and conditions:
1.1 In this Agreement, unless the context otherwise requires, the words and phrases in the left hand column of the table at the head of this Agreement will have the meanings ascribed to them in the right hand column.
1.2 The following words and phrases will have the following meanings:
1.2.1 “Agent” “Agency” will mean and refer to any agent engaged by the Company to assist in obtaining Bookings.
1.2.2 “Bookings” means any booking by a Guest for the occupation of the Property.
1.2.3 “Guest” means any Guest introduced by the Company to the Client and who completes a Booking
1.2.4 “Intellectual Property Rights” means:
18.104.22.168 any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions;
22.214.171.124 rights under licenses, consents, orders, statutes or otherwise in relation to a right in paragraph 126.96.36.199; 188.8.131.52 rights of the same or similar effect or nature as or to those in paragraphs 184.108.40.206 &220.127.116.11 which now or in the future may subsist; and
18.104.22.168 the right to sue for past infringements of any of the foregoing rights.
1.2.5 “Services” means the services outlined in the table at the head of this Agreement and as further described in Clause 3.
1.2.6 “works” means all and any work undertaken by the Consultant for The Company pursuant to the Services.
1.2.7 “Consultant” means all external suppliers the Company work with. This includes the cleaning company, taxi providers, handymen, proof readers and any other services company needed to complete our work.
2. Duration of the Agreement
The Agreement will commence with effect from the date hereof and continue until it is terminated in accordance with Clause 7.
3. Company’s Obligations
For the duration of the Agreement the Company will:
3.1 perform the Services as and when required;
3.2 perform their obligations in an expert, professional and diligent manner and to the best of its ability;
3.3 keep the Client informed of progress on the work done to fulfill the Services;
3.4 while the Company’s method of working is entirely its own, and the Company is not subject to the control of the Client, the Company will nevertheless comply with the Client’s reasonable requests;
3.5 for the avoidance of all doubt the Company does not warrant or agree that it will provide any level of occupancy of the Property nor that it will be let for any particular period of time;
3.6 for the avoidance of all doubt the Company will not be responsible for all or any damage sustained to the Property or any items within the Property during any Bookings for the Property;
3.7 collect from any Guest before any Booking commences the amount of the Deposit (if any);
3.8 report to the Client any damage or loss to the Property and any items within the Property and will (at its sole option) replace with items of a similar value or repair to a professional standard the Property or any items in the Property which are so damaged or lost during a Booking; the cost of such repair or replacement being taken from the Deposit (if any) or any compensation received by the Company from any Agent but if the Deposit or such compensation is not sufficient to carry out or complete such works then the Company will notify the Client of the shortfall and will carry out no works and it will be for the Client to arrange and pay for such works (subject to the receipt from the Company of the Deposit paid by the Guest) and to compensate any other Guest whose Booking has been cancelled or amended as a result of such damage or loss not having been repaired or replaced; and
3.9 the Company will use its best endeavours to ensure that all Bookings are fully paid but will not be liable for any cancelled Bookings.
4. Client’s Obligations
The Client warrants and agrees that:
4.1 it is the owner of the Property or that it has the full and unfettered authority of the owner of the Property to enter into this Agreement;
4.2 it is not aware of any actions proceedings claims or demands which would prevent the Property from being let to Guests or which would in any way prevent any Guest from enjoying a peaceful and undisturbed rental of the Property;
4.3 the Property is capable of being used to provide the Services and that there are no restrictions of any nature which would affect or impinge upon its ability to be let to Guests;
4.4 at all times whilst a Booking is being taken the Property and all of the contents of the Property are and will remain fully and effectively insured to its and their full value and that such insurance will cover all loss, damage and injury of any nature caused by the Property or any part of the Property or any item within the Property sustained by a Guest or anyone in lawful occupation of the Property during the Booking;
4.5 the Property all services it enjoys and all items within the Property which can or may be used by any Guest are in good effective and safe order;
4.6 it will honour all Bookings made by the Company prior to the termination of this Agreement whether or not notice of that Booking has been given to the Client and whether or not a Booking relates to a period after this Agreement has been terminated as long as such Booking is not for a date more than 12 months after the date of termination of this Agreement no matter how it is terminated;
4.7 it owns the copyright or has the authority to allow the unfettered use of any images or text supplied by the Client to the Company for marketing or other purposes and that the Company may use such images and/or text in whatever way it sees fit for the purpose of marketing the Property;
4.8 it will provide the Initial Equipment and will allow the Company at the cost of the Client to replace the Initial Equipment or any part of it if it becomes damaged destroyed or incapable of proper use;
4.9 whilst the Company will organise any cleaning following the departure of a Guest from the Cleaning Fee, any further or additional cleaning or cleaning not covered by the Cleaning Fee, either resulting from the occupation of the Property by a Guest or otherwise, will be payable in full by the Client immediately on receipt of an invoice therefor from the Company;
4.10 it will give the Company at least 1 weeks advance notice of any dates when the Property is not available to Guests if the Company is providing the Fully Managed; and
4.11 to pay all and any cancellation fees and compensation due to any Agency used by the Company as per the Agent’s notified cancellation fee from time to time indicated on the Agent’s website or to any Guest as a result of the non-availability of the Property or of the Client cancelling any Booking and further to pay to the Company a fee of £50 for each such cancellation or non-availability and as liquidated damages for the costs sustained by the Company in relation to each cancelled Booking.
4.12 any copy written by the Company i.e. keyword search engine optimised descriptions and titles, are the sole property of the company and in the event of cancellation of Services this copy will be removed from the Airbnb listing and the original copy written by the client returned.
5. Fee and Expenses
For the Fully Managed service:
5.1 The Company may deduct the Fee due in respect of the Fee or any part thereof and any expenses it has incurred on behalf of the Client from the monies it collects from the Guest on behalf of the Client and as a first charge on such monies.
5.2 The Company will ensure that on or before the last day of the month in which it has received any payment in respect of the Property it transfers to the Client by bank transfer the balance of the monies to which the Client is entitled in that month and the Client accepts that the obligation to pay arises only when the Company has received money from Guests or any Agent it has engaged.
5.3 The Company will submit an invoice for the Fee and the expenses it has incurred on behalf of the Client and will provide the Client with it a breakdown of all the expenses it has incurred on behalf of the Client in providing the Services.
5.4 The Client will pay all expenses reasonably incurred by the Company on behalf of the Client in carrying out the Services unless they are shown as “Included” in the description of the Services at the head of this Agreement.
5.5 Before the Company commits to pay for any expenses in connection with the delivery of any Service not shown as “Included” in the description of the Services at the head of this Agreement the Company will verify the cost and extent of the works to be undertaken and obtain the written consent of the Client before carrying out any such works save and except in the event of an emergency or if the Client has not responded within 24 hours of any request or where the cost of such expenses does not exceed £150 and in that event the Company may expend such amounts as are reasonable in all the circumstances.
5.6 Until the Client has given the consent referred to in sub-clause 5.5 the Company will not fulfill that Service and its failure to fulfill that Service will not amount to a breach of this Agreement.
5.7 The Fees are charged against the net amount of the amount payable to the Client for the rental of the Property by a Guest (i.e. after any booking fees have been deducted).
5.8 The Client acknowledges that the Company may employ such Agents as it in its sole discretion thinks fit and at such reasonable fee as the Company will decide to locate Guests for the Property and that all and any Agency fees incurred by the Company to secure Clients for the Property will be deducted from the amounts due to the Client and the Client acknowledges (but not by way of limitation) that, at the date of this Agreement the following agency fees and any VAT due in respect of them apply and may be deducted in accordance with this sub-Clause:
Airbnb 3% on gross booking amount + VAT
Holiday Lettings 3% on gross booking amount + VAT
For Optimisation Services
5.9 The Fees for Optimisation services require payment in advance by the Client.
5.10 In the case of a cancellation after the Company has begun work on the Optimisation services, the Company will deduct a fee of £10/hour spent on Services.
6. Exclusivity of Service
6.1 Nothing in this Agreement will restrict the Company from providing the Services to any other entity provided that such business does not conflict with the obligations of the Company under this Agreement.
6.2 During the currency of this Agreement the Client will engage no other person firm company or other entity to provide services similar to the Services in respect of the Property.
7.1 Either Party may terminate this Agreement following the expiry of the Minimum Term by giving to the other written notice, to expire on or at any time during the Term.
7.2 Either Party may forthwith terminate this Agreement by giving written notice to the other Party if:
7.2.1. any sum owing to that Party by the other Party under any of the provisions of this Agreement is not paid within 56 days of the due date for payment;
7.2.2 the other Party commits any other breach of any of the provisions of this Agreement and, if the breach is capable of remedy, fails to remedy it within 28 days after being given written notice giving full particulars of the breach and requiring it to be remedied;
7.2.3 an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
7.2.4 the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
7.2.5 the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on the other Party under this Agreement);
7.2.6 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party; and
7.2.7 the other Party ceases, or threatens to cease, to carry on business.
7.3 The right to terminate this Agreement given by this Clause 7.2 will not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
7.4 If notice is given pursuant to sub-clauses 7.1 and/or 7.2 of this Agreement whilst any Booking remains unfulfilled such notice will not be enforceable until such Booking or Bookings are fulfilled or cancelled
8. Liability and Indemnity
8.1 Each party will indemnify and hold harmless the other, and its employees servants sub-contractors and Guests from and against any and all claims, costs and liabilities howsoever arising and of whatsoever nature and whether in contract or in tort, including injury to or death of any person or persons or loss of or damage to any property arising out of or in respect of the performance or failure to perform its obligations under this Agreement if and to the extent that such losses, costs, damages and expenses are caused or contributed to by the negligent acts or omissions of the party against whom the claim is made or any persons for which that party is otherwise legally liable.
8.2 The Company will at the cost of the Client replace the locks of the Property for all keys which are lost or stolen and apply to reimburse such costs from the Guest’s Deposit if the loss was caused by the guests. If the Company has lost the keys then the Company pay for this cost.
9. Data Protection
9.1 Each party agrees that it will ensure that in handling any personal data it receives it will comply in full with all of the requirements of the Data Protection Act 1998 including in each case appointing a Data Controller and any other post required by the said Act.
9.2 Whilst the Company will take all proper steps to secure the data it collects from the Client and all and any Guests it will not be responsible for any loss or damage sustained by the Client if such data is stolen copied or otherwise illegally obtained by any third party.
10. Force Majeure
10.1 No Party to this Agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet Company failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
10.2 In the event that a Party to this Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period of 9 months, the other Party may at its discretion terminate this Agreement by written notice at the end of that period. In the event of such termination, the Parties will agree upon a fair and reasonable payment for all Services provided up to the date of termination. Such payment will take into account any prior contractual commitments entered into in reliance on the performance of this Agreement.
11. No Waiver
No failure or delay by either Party in exercising any of its rights under this Agreement will be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of the same or any other provision.
12. Assignment and Sub-Contracting
The Company may perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor will, for the purposes of this Agreement, be deemed to be an act or omission of the Company.
13. Relationship of the Parties
Nothing in this Agreement will constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
14. Entire Agreement
14.1 This Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
14.2 Each Party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of this Agreement. The remainder of this Agreement will be valid and enforceable.
16. Third Party Rights
16.1 No part of this Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement.
16.2 Subject to this Clause 16 this Agreement will continue and be binding on the transferee, successors and assigns of either Party as required.
17.1 All notices to be given under this Agreement by either Party to the other will be in writing and will be served by sending the same by registered post or recorded delivery to the last known address of the other Party and any receipt issued by the postal authorities will be conclusive evidence of the fact and date of posting of any such notice.
17.2 All notices delivered in accordance with Sub-Clause 17.1 will be deemed to be received within seven days of posting provided that the notice is sent to the last known address of each party.
18. Law and Jurisdiction
This Agreement is to be governed by and construed in accordance with the Laws of England and Wales and the Parties hereto submit to the exclusive jurisdiction of the English and Welsh Courts in respect of any dispute and/or legal proceedings in respect of this Agreement and any matter arising hereunder.